they would fire blanks but could use birdshot if the birds don't leave. san jose had 180 bird strikes since 2009 if including some that cause major damage to planes. >>> a san francisco couple challenge of defense of marriage act may be one of several that the supreme court considering this week. the justices will decide to hear an appeal from the defenders of proposition 8. the california initiative banning gay marriage. they are expected to meet this week to decide which cases it will hear next year. >>> well, a new pastor sent packing by one of san francisco's oldest black congregations. cbs 5 reporter on if the congregation wanted nothing to do with their newly hired leader. [music] >> reporter: the joyful noise coming from the church could not drown out an issue on a lot of minds this morning. the new pastor, reverend hunter. >> i ask of you heavenly father to touch the heart of the pastor of this church. >> reverend hunter was ill today according to church leaders so a fill in took place and most people here are glad. >> he is not someone that that